The Law of Ukraine

On Ukraine's Accession to Berne Convention for the Protection of Literary and Artistic Works (Paris Act of July 24, 1971 as amended on October 2, 1979)

Date of Entry into Force:
June 19, 1995

The Law of Ukraine On Ukraine's Accession to Berne Convention for the Protection of Literary and Artistic Works (Paris Act of July 24, 1971 as amended on October 2, 1979) (hereinafter the Convention) states to agree with the suggestion of the President of Ukraine about  accession the above international Agreement.
The Convention founds the Union to protect the rights of authors in their literary and artistic works, therein the States Parties to the Convention are united (hereinafter the Union). The Convention defines expression "literary and artistic works" as every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, such as pamphlets and other writings; lectures, addresses, sermons and other works of the same nature; dramatic or dramatico-musical works; choreographic works and entertainments in dumb show; musical compositions with or without words; cinematographic works and other.
It shall be a matter for legislation in the countries of the Union to exclude, wholly or in part, from the protection provided by the preceding Article political speeches and speeches delivered in the course of legal proceedings.
The protection of this Convention shall apply to:
- authors who are nationals of one of the countries of the Union, for their works, whether published or not;
- authors who are not nationals of one of the countries of the Union, for their works first published in one of those countries, or simultaneously in a country outside the Union and in a country of the Union. 
The expression "published works", pursuant to the Convention, means works published with the consent of their authors, whatever may be the means of manufacture of the copies, provided that the availability of such copies has been such as to satisfy the reasonable requirements of the public, having regard to the nature of the work.

The country of origin shall be considered to be:
- in the case of works first published in a country of the Union, that country; in the case of works published simultaneously in several countries of the Union which grant different terms of protection, the country whose legislation grants the shortest term of protection;
- in the case of works published simultaneously in a country outside the Union and in a country of the Union, the latter country;
- in the case of unpublished works or of works first published in a country outside the Union, without simultaneous publication in a country of the Union, the country of the Union of which the author is a national.

Pursuant to the Convention, independently of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation.

Decision about Ukraine's accession to this Convention was adopted by the Verkhovna Rada of Ukraine on May 31, 1995.
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